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11-26-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 26, 2018 4:00 p.m. The City Commission convened at 2:30 p.m. for Water & Wastewater Rates and South Water Treatment Plant Update and at 3:45 p.m. for Citizens Forum at City-County Building, Room 107. N The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Karl F. Ryan (presiding), Commissioners Trent Davis,Joe Hay,Jr., Melissa Rose Hodges,and Mike Hoppock. Also present: Michael Schrage, Interim City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider adoption of Resolution No. 18-7637 declaring a certain structure located at 622 S. 9th Street to be unsafe and dangerous, directing that the structure shall be repaired or removed; and establishing a reasonable amount of time within which the repair or removal of such structure shall commence and be completed. Sean Pitcher, Building Official, explained the dangerous structure procedures, fiscal impact and action options. Mayor Ryan opened the public hearing. Mr. Pilcher explained Building Officials Request for Condemnation. Commissioner Davis asked if the property was sold during the commencement and completion date would the new owner be placed under the same timeline as the current owner. Michael Schrage, Interim City Manager, stated the current property owner was required to notify the new owner of the dates and the new owner would be required to follow the same dates. Mayor Ryan asked how the completion date was determined. Mr. Pitcher stated that staff typically gave a 90 day window of time for the repair or removal of the property but the completion date could be extending if necessary. Commissioner Hoppock asked if the property was multi-family before the fire. Mr. Pilcher stated yes. Commissioner Hoppock asked if the property would need to be rezoned in order to be a multi-family dwelling in the future. Mr. Pilcher stated the property was converted to Page 1 apartments that did not meet the zoning for the area and with the damage being more than 50% of the property, the property would revert back to the original zoning of R-1 district. James Ravenkamp, 652 S. Santa Fe, provided an update on the status of the property, stated there was a litigation case on the property that had been going on for a year and a half and stated he would like for the matter to be held until the Planning Commission took up the rezoning request on December 18, 2018. Commissioner Hodges asked how many apartments there were in the structure. Mr. P. Ravenkamp stated it was a four-plex. Mayor Ryan asked if the matter would not come back to the Commission until April, 2019. 08 Mr. Schrage stated it could come back in a couple of ways, one (1) if the property owner would like to ask for an extension of the completion date or two (2) if the property was not repaired or removed by the completion date. Mayor Ryan asked where the litigation case was in the process. Mr. Ravenkamp stated the litigation case would end as soon as the property was sold. Commissioner Hay asked if the matter could be approved today and the dates could be altered in the future if necessary. Mr. Ravenkamp stated that was his request. Commissioner Hoppock asked who the litigation case was against. Mr. Ravenkamp stated the restoration company and provided an update on the case. Commissioner Davis asked how staff handled houses that were multi-family housing that were not zoned for the original use. Greg Bengtson, City Attorney, asked if we were in a pre-existing, non-conforming situation. Dean Andrew, Director of Planning, stated the property was pre-existing, non-conforming and stated there were numerous areas in the community that single family homes were converted to multi-family homes some legally and some not legally. Mr. Andrew continued to provide information on the property and the request for rezoning of the property. Commissioner Davis asked if the property was unsafe and dangerous. Mr. Pilcher stated yes. Mr. Ravenkamp stated it met the guidelines but if someone went into the property they could not get hurt. Mr. Schrage provided additional information on the building codes that impacted the property. Commissioner Davis asked if the foundation was considered to be in a critical state of disrepair. Mr. Pilcher stated if the movement of the foundation was two inches or more it was considered to be dangerous and it needed attention but was not necessarily considered critical. Commissioner Hoppock asked if Mr. Ravenkamp was waiting to list the property until the rezoning occurred. Mr. Ravenkamp stated yes. Commissioner Hodges provided her thoughts on the matter and was in favor of approving the resolution as it was listed. Commissioner Hoppock asked if the resolution was approved could the resolution be modified between now and April 1, 2019. Mr. Schrage stated yes. Commissioner Davis stated there were two dates listed, a commencement date and a Page 2 completion date. Mr. Schrage stated the commencement date may be able to be removed from the resolution. He further stated if the commencement date was not met, staff would be back to the Commission notifying them of the failure to meet that date. Commissioner Hodges stated if the re-zoning went through; there could be a chance that the property could be listed by the January 11, 2019 commencement date. A conversation ensued between the Commission, Mr. Ravenkamp and Mr. Pilcher y regarding the commencement date. Mr. Schrage asked if Mr. Ravenkamp had interested buyers for the property. Mr. Ravenkamp stated he had not listed the property but had received several calls from interested parties. There being no further comments the public hearing was closed. 18-0490 Moved by Commissioner Hay, seconded by Commissioner Hodges, to adopt Resolution No. 18- 7637 finding that the structure at 622 S. 9th Street is unsafe or dangerous, directing that the structure be repaired or removed and the premises made safe and secure, fixing a date of January 11, 2019 within which the repair or removal shall commence; and the date of April 1, 2019 within which the repair or removal shall be complete; and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply. Commissioner Davis asked if we were guaranteeing that the matter would be back before the Commission by January 11, 2019. Mr. Schrage stated if the property owner or a new owner applied for a permit by that date it would satisfy the commencement requirement. Commissioner Davis asked if the property could be sold by the commencement date. Commissioner Hoppock stated a contract could at least be completed by then to show progress on the property. Mayor Ryan called the question. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of November 19, 2018. (6.2) Approve Resolution No. 18-7638 authorizing the Mayor to execute a 39-month Lease Agreement (with the City's Attachment) and related Equipment Service and Supply Agreement with 360 Document Solutions for copier/printers for the police department. (6.3) Award of contract for the 2017 Water Main Replacement Project No. 1-70016, KPWSLF Project No. 2957 to Smoky Hill, LLC of Salina, Kansas in the amount of $2,097,103 (Authorized Amount with 5% construction contingency, $2,202,000). (6.4) Award of contract for the 2017 Water Main Replacement Project No. 2-70016, KPWSLF Project No. 2957 to Stevens Contractors, Inc., of Salina, Kansas in the amount of $1,516,587 (Authorized Amount with 5% construction contingency, a (6.5) $1,592,500). Authorize the purchase of replacement playground equipment for East Crawford Recreation Area in an amount not to exceed $58,196. Page 3 18-0491 Moved by Commissioner Davis, seconded by Commissioner Hodges, to approve the consent 111 agenda as presented. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (7.1) Approve Change Order No. 1 for the Downtown Sanitary Sewer Relocations, w Project No. 63162. Martha Tasker, Director of Utilities, explained the project, the change order request, fiscal impact and action options. 12, Commissioner Hay asked if part of the reason the dates were moved was due to the timing of the transferee agreement being executed and if the additional costs should be paid by alley and entertainment center. Ms. Tasker stated the reason for the need to change the completion date was not related to the additional costs which were taken from the construction contingency amount. Michael Schrage, Interim City Manager, stated there was a need to amend the substantial completion date or final completion date to allow the contractor to meet the requirements of the construction agreement. 18-0492 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve Change Order No. 1 for the Downtown Sanitary Sewer Relocations to Stevens Contractors, Inc of Salina, Kansas, revising the Total Contract Amount to $258,552.49 and extending the Entertainment Center Substantial Completion to September 24, 2018 and the Alley and Entertainment Center Final 1 Completion to November 5, 2018. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (8.1) Application No. Z18-22, (filed by Marc Wingo on behalf of Grain Belt Supply Company, Inc.), requesting a change in zoning district classification from A-1 (Agricultural) district to I-3 (Heavy Industrial) district on a 1.8 acre unplatted tract of land located between North 9th Street and North 5th Street. (8.1a) First reading Ordinance No. 18-10988. Dean Andrew, Director of Planning, explained the request, zoning requirements, conformance with Comprehensive Plan, Planning Commission recommendation and action options. 18-0493 Moved by Commissioner Hay, seconded by Commissioner Hoppock, to pass Ordinance No. 18- 10988 changing the zoning district classification from A-1 (Agricultural) district to I-3 (Heavy Industrial) district on a 1.8 acre unplatted tract of land located between North 9th Street and North 5th Street on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Consider authorizing the Mayor to sign the final plat for Grain Belt Subdivision No. 3, a two lot subdivision of a 4.08 acre tract of land located between North 9th Street and North 5th Street north of Gold Road. Dean Andrew, Director of Planning, explained the request, Planning Commission action and action options. 18-0494 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to approve Application P18-2/2A. Aye: (5). Nay: (0). Motion carried. Page 4 OTHER BUSINESS None. ADJOURNMENT 18-04$5 Moved by Commissioner Hodges, seconded by Commissioner Hoppock, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:06 p.m. U [SEAL] Karl F. Ryan, Mayor ATTEST: Shandi Wicks,CMC,City Clerk 1 1 Page 5